IOPC to reinvestigate officers’ use of force prior to man’s death in 2017

The incident, which occurred on July 10 that year, started at the hostel in Edward Street and continued to the George Eliot Hospital, where Darren Cumberbatch, 32, died on July 19, 2017. Following a mandatory referral from Warwickshire Police, the then Independent Police Complaints Commission began an independent investigation.

That investigation examined the use of force on Mr Cumberbatch by police officers both at the bail hostel and on arrival at hospital. At the end of the investigation in 2018, it was concluded there was no indication that any officer may have breached the standards of professional behaviour or that they had a case to answer for misconduct.

An inquest took place in 2019, concluding that Mr Cumberbatch’s death was drug related. The jury also concluded that police restraint contributed to his death, that there were “serious failings” by attending police officers and that some of the force used on July 10 “may have been excessive” and “probably avoidable.” They determined that police restraint on Mr Cumberbatch inside the hospital was “reasonable.”

The IOPC said: “Following representations made by Mr Cumberbatch’s family we have re-assessed whether we need to reinvestigate the matter.

“We have carefully considered the evidence given at the inquest and have now decided in respect of the officers’ use of force at the hostel, which included use of Taser, PAVA spray, punches and baton strikes in a confined toilet area, does require reinvestigation by the IOPC.”

The IOPC said its reinvestigation will include examining the officers’ use of force on Mr Cumberbatch at the hostel when he was unwell, to what extent officers recognised he was suffering from Acute Behavioural Disturbance, and their decisions to enter and to forcibly remove him from the hostel toilet area.

Director of Major Investigations at the IOPC, Steve Noonan, said: “Since Mr Cumberbatch’s family made their representations, an IOPC team has been closely examining the original investigation material and comparing it with accounts at the inquest.

“A matter can only be reinvestigated by the IOPC if there are compelling reasons.

“The compelling reasons are that the original investigation was materially flawed in a manner which had an impact on the subsequent decisions made on discipline, performance and/or referral to the Crown Prosecution Service, and/or there is ‘significant new information’ that requires further investigation.

“There must be a real possibility that the new information, had it been available, would have led wholly or partly to different decisions on the outcomes of our investigation. Lastly, it must be considered necessary to require a re-investigation in the public interest.

“In this case, after careful assessment we assessed a focused reinvestigation into the officers’ decision-making and use of force during their interaction with Mr Cumberbatch at the bail hostel is warranted and is necessary in the public interest.”

The IOPC said those who have been “closely impacted by its decision”, including Mr Cumberbatch’s family and the officers involved, have been notified.

Warwickshire police and crime commissioner Philip Seccombe said: “As I have done from the outset, I offer my sympathies again to Darren Cumberbatch’s family and friends, for whom this continues to be a very upsetting time.

“Policing is often challenging and officers face difficult situations in which they must make dynamic decisions every day. It is important therefore that any action they take is appropriate and proportionate and is seen to be so by the public.

“The verdict of the inquest into Mr Cumberbatch’s death raised questions about the actions taken by the attending officers and I hope the IOPC’s reinvestigation will now be able to draw definitive conclusions as to whether there were any misconduct issues or breaches of professional behaviour.

“It is important to hold the actions and decisions of officers to the highest standards, particularly so where there is a loss of life involved. Equally, it is important to understand if there are wider lessons for Warwickshire Police and other forces to learn about how future incidents can be handled.

“Getting answers to these questions is vital for public confidence in policing and I will be keen to see the conclusions of the IOPC report when they are published.  Once I have received any findings, I will raise them with the chief constable to seek further reassurance on the public’s behalf.”